Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Richard Your Own Question

Richard, Lawyer

Category: Real Estate Law

Satisfied Customers: 54017

Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

17027240

Type Your Real Estate Law Question Here...

Richard is online now

To know if the homeseller is liable after sale date in home.

Customer Question

To know if the homeseller is liable after sale date for defects in home. closing date 12/17/16. waterstains on ceiling not present @time of closing. Do the sellers or the representing agent have a responsibility to me? the buyer.

Yes, the seller certainly does; the agent, only if you can show the agent knew about this and participated in the seller's conspiracy to fail to disclose. But, you do have recourse here against your seller. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. This clearly qualifies as a material matter that should have been disclosed and is clearly something the sellers knew or should have known. What you want to do is raise the stakes on your sellers. You should send the sellers a certified, return receipt requested letter detailing the situation and lack of disclosure and demand they compensate you to remediate the problem within a short specified period of time. Inform your seller that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on their record.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!